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(영문) 수원지방법원 2017.08.31 2016가합82573

손해배상(기)

Text

1. The Defendant shall pay to the Plaintiff KRW 205,135,500 and the interest rate of KRW 15% per annum from June 21, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On July 2010, the Plaintiff: (a) received a proposal from the Defendant and Nonparty C that “the Plaintiff shall, upon investing in the shares and returning the shares held by the Plaintiff, send KRW 140,000,000 to the Defendant via C’s account.”

B. On October 8, 2010, the Defendant agreed to make installment payments of KRW 140,000,000 to the Plaintiff by January 31, 2013, while carrying out futures trading with the said money, and prepared and delivered five promissory notes together with C.

C. On May 2012, the Plaintiff heard a proposal from the Defendant that “on the face of the transfer of shares held by the Plaintiff, the Plaintiff would preferentially pay KRW 140,00,000,000, which was borrowed prior to the remainder of profits by safely administering the futures trading or options trading without being required to do so.” From June 4, 2012 to November 5, 2012, the Plaintiff transferred to the Defendant a total of KRW 122,295,50,000 as indicated in the attached list.

On July 11, 2012, the Defendant issued to the Plaintiff a certificate of confirmation that “the Defendant received KRW 25,00,000,000 for shares conversion amount to the Plaintiff on this day. The Defendant, up to December 201, 2012, sells and pays profits to the Plaintiff. The Defendant shall operate the principal up to KRW 140,00,000. The principal shall be distributed according to the purport of the Plaintiff at the time when the principal would be achieved.” After all times, the Defendant sent e-mail and Kakakao Stockholm data on the management of the said shares through e-mail, but was prepared by the Defendant at will as if the profits were generated.

E. The Defendant and C repaid the Plaintiff totaling KRW 57,160,000.

F. On November 3, 2016, the Defendant was sentenced to one year from the Seoul Northern District Court (2016Da3050) to imprisonment with prison labor for the criminal facts that “the Defendant, by deceiving the Plaintiff, through deception of the Plaintiff, and by deceiving the Plaintiff from the Plaintiff during the period from June 4, 2012 to November 5, 2012, the amount equivalent to KRW 122,295,50 as indicated in the separate sheet was stated.”

[Ground of Recognition] Unsatisfy, Gap evidence Nos. 1 through 12 (including paper numbers), and